CAMP KINDNESS COUNTS
Welcome to the Camp Kindness Counts Terms of Service. We are here to empower kids to embrace their authentic selves through mindfulness, enable them to make a positive impact in their communities through kindness, and inspire them to shape an empathetic world culture as confident, compassionate leaders.
These Terms of Service (“Terms”) apply to your access to and use of the websites and other online products and services (collectively, the “Services”) provided by Camp Kindness Counts (“Camp Kindness Counts,” “us” or “we”). By accessing or using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 17. If you do not agree to these Terms, you must stop using our Services.
We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time if they need to be updated to reflect the way Camp Kindness Counts operates. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If you have any questions about these Terms or our Services, please contact us at email@example.com.
Camp Kindness Counts empowers and inspires kids to be the catalyst for positive change in their communities with their curiosity, courage and kindness. Our Services, however, are meant to provide adults with information and tools to help children in this respect. You must be at least 13 years of age to use our Services, and if you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
3.User Accounts and Account Security
To interact with Camp Kindness Counts, you may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of entities (such as businesses, school districts or other nonprofits) or individuals that hold legal claim, including trademark rights, in those usernames.
4.User Content; Third-Party Sites
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Camp Kindness Counts.
You grant Camp Kindness Counts a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information may be visible to others.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
To communicate with other Camp Kindness Counts members or to share information about your Camp Kindness Counts experiences, you may post User Content on third-party applications or websites, such as Facebook or Instagram. User Content posted, uploaded, emailed or otherwise shared by you on or to third-party applications or websites will be governed by the service terms for those applications or websites. Camp Kindness Counts has no control over those third-party applications or websites’ service terms, and you hereby hold Camp Kindness Counts harmless from any liability arising out of or related to User Content shared by you on third-party applications or websites.
5.Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Use or attempt to use another user’s account without authorization from that user and Camp Kindness Counts;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Sell, resell or commercially use our Services;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Camp Kindness Counts or others to any harm or liability of any type.
Enforcement of this Section 5 is solely at Camp Kindness Counts’ discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
6.Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Camp Kindness Counts or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
“Camp Kindness Counts,” “Empowering, Inspiring and Connecting Kids with Kindness,” “Kind World Project,” “Kind World Explorers,” “Kind World Explorers Guidebook,” “Kind World Passport” and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Camp Kindness Counts and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
We support and encourage your feedback regarding Camp Kindness Counts. You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Camp Kindness Counts or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Camp Kindness Counts’ sole discretion. You understand that Camp Kindness Counts may treat Feedback as nonconfidential.
9.Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify our designated agent as follows:
Designated Agent: President, Camp Kindness Counts
Telephone Number: 425-818-3042
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Camp Kindness Counts for certain costs and damages.
Camp Kindness Counts works with other nonprofits and organizations to expand opportunities for promoting positive change. We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Camp Kindness Counts does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Thank you so much for your generosity and kindness in considering donating to Camp Kindness Counts. As a 501(c)(3) nonprofit corporation, your contribution is tax deductible to the extent permitted by law. We may accept donations online through a third-party payment processing system. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your donation. You may also be able to establish recurring donations with us through our third-party payment processor. By making online donations, including recurring donations, with a third-party payment processor, you agree to that third-party processor’s terms and conditions and other applicable policies. You should be aware that online payment transactions are subject to validation checks by our payment processor and your card issuer, and Camp Kindness Counts is not responsible if your card issuer declines to authorize payment for any reason or if your card issuer charges you an online handling or processing fee. Camp Kindness Counts has no control over, and is not responsible for, any third-party payment processor’s terms and conditions or other applicable polices, including if our third-party payment processor charges you an online handling or processing fee.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Camp Kindness Counts and each of our respective officers, directors, agents, partners, employees and volunteers (individually and collectively, the “Camp Kindness Counts Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Camp Kindness Counts Parties of any third-party Claims, cooperate with Camp Kindness Counts Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Camp Kindness Counts Parties will have control of the defense or settlement, at Camp Kindness Counts’ sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Camp Kindness Counts or the other Camp Kindness Counts Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Camp Kindness Counts does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Camp Kindness Counts attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
14.Limitation of Liability
To the fullest extent permitted by applicable law, Camp Kindness Counts and the other Camp Kindness Counts Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Camp Kindness Counts or the other Camp Kindness Counts Parties have been advised of the possibility of such damages.
The total liability of Camp Kindness Counts and the other Camp Kindness Counts Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services.
The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Camp Kindness Counts or the other Camp Kindness Counts Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release Camp Kindness Counts and the other Camp Kindness Counts Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
16.Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
17.Dispute Resolution; Binding Arbitration
Please read this section carefully because it requires you to arbitrate certain disputes and claims with Camp Kindness Counts and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Camp Kindness Counts agree that any dispute arising out of or related to these Terms or our Services is personal to you and Camp Kindness Counts and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Camp Kindness Counts seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Camp Kindness Counts seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Camp Kindness Counts waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Camp Kindness Counts or relating in any way to the Services, you agree to first contact Camp Kindness Counts and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Camp Kindness Counts by email at or by certified mail addressed to 2209 185th Place N.E., Redmond, WA 98052. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Camp Kindness Counts cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in King County, Washington, or may be conducted telephonically or via video conference for disputes alleging damages less than $1,000, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this section, you will be deemed a “consumer” if you use the Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Camp Kindness Counts agree that these Terms affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Camp Kindness Counts, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Camp Kindness Counts agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Camp Kindness Counts will pay the remaining JAMS fees and costs. For any arbitration initiated by Camp Kindness Counts, CAMP KINDNESS COUNTS will pay all JAMS fees and costs. You and Camp Kindness Counts agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Camp Kindness Counts will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 17 by notifying Camp Kindness Counts by email at . In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 18.
If any portion of this Section 17 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 17 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 17; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 17 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 17 will be enforceable.
18.Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King County, Washington.
19.Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
The failure of Camp Kindness Counts to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
CAMP KINDNESS COUNTS
Collection of Information
Use of Information
Sharing of Information
Social Sharing Features
Advertising and Analytics Services Provided by Others
Transfer of Information to the U.S. and Other Countries
COLLECTION OF INFORMATION
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you register yourself or your child for a camp, program, or event, join our mailing list, fill out a form, apply for a volunteer or sponsor position, donate to our organization, or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, child’s t-shirt size, child’s grade level, payment information, and any other information you choose to provide.
Automatically Collected Information
When you access or use our website or transact business with us, we automatically collect information about you, including:
Transactional Information: When you make a purchase, return (e.g., partial refund of a camp session), or donation, we collect information about the transaction, such as product details (e.g., camp session), purchase price, and date and location of the transaction.
Log and Usage Information: We collect information related to your access to and use of the Website, including the type of browser you use, app version, access times, pages viewed, your IP address, and the page you visited before navigating to our Website.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
Location Information: We may derive the approximate location of your device from your IP address.
Information Collected by Cookies and Similar Tracking Technologies: We (and our service providers) use different technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Website and your experience, see which areas and features of our Website are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies and how to disable them, see Your Choices below.
USE OF INFORMATION
We use the information we collect to host our programs, resources, and events. We also use the information we collect to:
Provide, maintain and improve our products and services;
Send you technical notices, updates, and support and administrative messages and to respond to your comments, questions, and requests;
Communicate with you about resources, services, and events offered by Camp Kindness Counts and others, and provide news and information we think will be of interest to you (see Your Choices below for information about how to opt out of these communications at any time);
Monitor and analyze trends, usage, and activities in connection with our Website;
Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Camp Kindness Counts and others;
Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards; and
Carry out any other purpose described to you at the time the information was collected.
SHARING OF INFORMATION
With consultants that perform services for us, including accountants;
In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements;
If we believe your actions are inconsistent with our user agreements or policies, if we believe you have violated the law, or to protect the rights, property, and safety of Camp Kindness Counts or others; and
With your consent or at your direction.
We may also share aggregated or de-identified information that cannot reasonably be used by those third parties to identify you.
SOCIAL SHARING FEATURES
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button). Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
ANALYTICS SERVICES PROVIDED BY OTHERS
TRANSFER OF INFORMATION TO THE U.S. AND OTHER COUNTRIES
Camp Kindness Counts is based in the United States and we process and store information in the United States. Therefore, we and our service providers may transfer your information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction.
You may update certain account information you provide to us at any time emailing us at . If you wish to delete your account, please email us at , but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.
You may opt out of receiving promotional emails from Camp Kindness Counts by following the instructions in those emails or by emailing us at . If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.
Camp Kindness Counts